REPUBLIC OF THE PHILIPPINES CONGRESS OF THE PHILIPPINES S. No. 1255 First Regular Session } H. No. 6216 REPUBLIC ACT NO. 8749 AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I GENERAL PROVISIONS ARTICLE ONE BASIC AIR QUALITY POLICIES SECTION 1. Short Title. – This Act shall be known as the "Philippine Clean Air Act of 1999." SEC. 2. Declaration of Principles. – The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems. The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based. The State also recognizes the principle that "polluters must pay." Finally, the State recognizes that a clean and healthy environment is for the good of all and should therefore be the concern of all. 103
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REPUBLIC OF THE PHILIPPINES
CONGRESS OF THE PHILIPPINES S. No. 1255
First Regular Session } H. No. 6216
REPUBLIC ACT NO. 8749
AN ACT PROVIDING FOR A COMPREHENSIVE AIR
POLLUTION CONTROL POLICY AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
CHAPTER I
GENERAL PROVISIONS
ARTICLE ONE
BASIC AIR QUALITY POLICIES
SECTION 1. Short Title. – This Act shall be known as the
"Philippine Clean Air Act of 1999."
SEC. 2. Declaration of Principles. – The State shall protect
and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.
The State shall promote and protect the global environment
to attain sustainable development while recognizing the primary
responsibility of local government units to deal with environmental
problems.
The State recognizes that the responsibility of cleaning the
habitat and environment is primarily area-based.
The State also recognizes the principle that "polluters must
pay."
Finally, the State recognizes that a clean and healthy
environment is for the good of all and should therefore be the
concern of all.
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SEC. 3. Declaration of Policies. – The State shall pursue a
policy of balancing development and environmental protection.
To achieve this end, the framework for sustainable development
shall be pursued. It shall be the policy of the State to:
(a) Formulate a holistic national program of air pollution
management that shall be implemented by the government
through proper delegation and effective coordination of functions
and activities;
(b) Encourage cooperation and self-regulation among
citizens and industries through the application of market-based
instruments;
(c) Focus primarily on pollution prevention rather than
on control and provide for a comprehensive management program
for air pollution;
(d) Promote public information and education and to
encourage the participation of an informed and active public in
air quality planning and monitoring; and
(e) Formulate and enforce a system of accountability for
short and long-term adverse environmental impact of a project,
program or activity. This shall include the setting up of a funding
or guarantee mechanism for clean-up and environmental
rehabilitation and compensation for personal damages.
SEC. 4. Recognition of Rights. – Pursuant to the above-
declared principles, the following rights of citizens are hereby
sought to be recognized and the State shall seek to guarantee
their enjoyment:
(a) The right to breathe clean air;
(b) The right to utilize and enjoy all natural resources
according to the principle of sustainable development;
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(c) The right to participate in the formulation, planning,
implementation and monitoring of environmental policies and
programs and in the decision-making process;
(d) The right to participate in the decision-making process
concerning development policies, plans and programs, projects or
activities that may have adverse impact on the environment and
public health;
(e) The right to be informed of the nature and extent of the
potential hazard of any activity, undertaking or project and to be
served timely notice of any significant rise in the level of pollution
and the accidental or deliberate release into the atmosphere of
harmful or hazardous substances;
(f) The right of access to public records which a citizen
may need to exercise his or her rights effectively under this Act;
(g) The right to bring action in court or quasi-judicial bodies
to enjoin all activities in violation of environmental laws and
regulations, to compel the rehabilitation and cleanup of affected
area, and to seek the imposition of penal sanctions against
violators of environmental laws; and
(h) The right to bring action in court for compensation of
personal damages resulting from the adverse environmental and
public health impact of a project or activity.
ARTICLE TWO
DEFINITION OF TERMS
SEC. 5. Definitions. – As used in this Act:
(a) "Air pollutant" means any matter found in the
atmosphere other than oxygen, nitrogen, water vapor, carbon
dioxide, and the inert gases in their natural or normal
concentrations, that is detrimental to health or the environment,
which includes but not limited to smoke, dust, soot, cinders, fly
ash, solid particles of any kind, gases, fumes, chemical mists,
steam and radio-active substances;
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(b) "Air pollution" means any alteration of the physical,
chemical and biological properties of the atmospheric air, or any
discharge thereto of any liquid, gaseous or solid substances that
will or is likely to create or to render the air resources of the
country harmful, detrimental, or injurious to public health, safety
or welfare or which will adversely affect their utilization for
domestic, commercial, industrial, agricultural, recreational, or
other legitimate purposes;
(c) "Ambient air quality guideline values" mean the
concentration of air over specified periods classified as short-term
and long-term which are intended to serve as goals or objectives
for the protection of health and/or public welfare. These values
shall be used for air quality management purposes such as
determining time trends, evaluating stages of deterioration or
enhancement of the air quality, and in general, used as basis for
taking positive action in preventing, controlling, or abating air
pollution;
(d) "Ambient air quality" means the general amount of
pollution present in a broad area; and refers to the atmosphere's
average purity as distinguished from discharge measurements
taken at the source of pollution;
(e) "Certificate of Conformity" means a certificate issued
by the Department of Environment and Natural Resources to a
vehicle manufacturer/assembler or importer certifying that a
particular new vehicle or vehicle type meets the requirements
provided under this Act and its rules and regulations;
(f) "Department" means the Department of Environment
and Natural Resources;
(g) "Eco-profile" means the geographic-based instrument
for planners and decision-makers which present an evaluation of
the environmental quality and carrying capacity of an area. It is
the result of the integration of primary and secondary data and
information on natural resources and anthropogenic activities on
the land which are evaluated by various environmental risk
assessment and forecasting methodologies that enable the
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Department to anticipate the type of development control necessary
in the planning area;
(h) "Emission" means any air contaminant, pollutant, gas
stream or unwanted sound from a known source which is passed
into the atmosphere;
(i) "Greenhouse gases" mean those gases that can
potentially or can reasonably be expected to induce global warming,
which include carbon dioxide, methane, oxides of nitrogen,
chlorofluorocarbons, and the like;
(j) "Hazardous substances" mean those substances which
present either: (1) short-term acute hazards such as acute toxicity
by ingestion, inhalation, or skin absorption, corrosivity or other
skin or eye contact hazard or the risk of fire explosion; or (2) long-
term toxicity upon repeated exposure, carcinogenicity (which in
some cases result in acute exposure but with a long latent period),
resistance to detoxification process such as biodegradation, the
potential to pollute underground or surface waters;
(k) "Infectious waste" means that portion of medical waste
that could transmit an infectious disease;
(l) "Medical waste" means the materials generated as a
result of patient diagnosis, treatment, or immunization of human
beings or animals;
(m) "Mobile source" means any vehicle propelled by or
through combustion of carbon-based or other fuel, constructed
and operated principally for the conveyance of persons or the
transportation of property or goods;
(n) "Motor vehicle" means any vehicle propelled by a
gasoline or diesel engine or by any means other than human or
animal power, constructed and operated principally for the
conveyance of persons or the transportation of property or goods
in a public highway or street open to public use;
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(o) "Municipal waste" means the waste materials generated
from communities within a specific locality;
(p) "New vehicle" means a vehicle constructed entirely from
new parts that has never been sold or registered with the DOTC
or with the appropriate agency or authority, and operated on the
highways of the Philippines, any foreign state or country;
q) "Octane Rating or the Anti-Knock Index (AKI)" means
the rating of the anti-knock characteristics of a grade or type of
automotive gasoline as determined by dividing by two (2) the sum
of the Research Octane Number (RON), plus the Motor Octane
Number (MON); the octane requirement, with respect to
automotive gasoline for use in a motor vehicle or a class thereof,
whether imported, manufactured, or assembled by a
manufacturer, shall refer to the minimum octane rating of such
automotive gasoline which such manufacturer recommends for
the efficient operation of such motor vehicle, or a substantial
portion of such class, without knocking;
(r) "Ozone Depleting Substances (ODS)" mean those
substances that significantly deplete or otherwise modify the ozone
layer in a manner that is likely to result in adverse effects on
human health and the environment such as, but not limited to,
chlorofluorocarbons, halons, and the like;
(s) "Persistent Organic Pollutants (POPs)" mean the
organic compounds that persist in the environment,
bioaccumulate through the food web, and pose a risk of causing
adverse effects to human health and the environment. These
compounds resist photolytic, chemical and biological degradation,
which shall include but not be limited to dioxin, furan,
Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such
as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere
and chlordane;
(t) "Poisonous and toxic fumes" means any emissions and
fumes which are beyond internationally-accepted standards,
including but not limited to World Health Organization (WHO)
guideline values;
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(u) "Pollution control device" means any device or apparatus
used to prevent, control or abate the pollution of air caused by
emissions from identified pollution sources at levels within the
air pollution control standards established by the Department;
(v) "Pollution control technology" means the pollution
control devices, production processes, fuel combustion processes
or other means that effectively prevent or reduce emissions or
effluent;
(w) "Standard of performance" means a standard for
emissions of air pollutant which reflects the degree of emission
limitation achievable through the application of the best system
of emission reduction, taking into account the cost of achieving
such reduction and any non-air quality health and environmental
impact and energy requirement which the Department
determines, and adequately demonstrates; and
(x) "Stationary source" means any building or immobile
structure, facility or installation which emits or may emit any
air pollutant.
CHAPTER 2
AIR QUALITY MANAGEMENT SYSTEM
ARTICLE ONE
GENERAL PROVISIONS
SEC. 6. Air Quality Monitoring and Information Network.
– The Department shall prepare an annual National Air Quality
Status Report which shall be used as the basis in formulating the
Integrated Air Quality Improvement Framework, as provided for
in Section 7. The said report shall include, but shall not be limited
to the following:
(a) Extent of pollution in the country, per type of pollutant
and per type of source, based on reports of the Department's
monitoring stations;
(b) Analysis and evaluation of the current state, trends
and projections of air pollution at the various levels provided
herein;
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(c) Identification of critical areas, activities, or projects
which will need closer monitoring or regulation;
(d) Recommendations for necessary executive and
legislative action; and
(e) Other pertinent qualitative and quantitative
information concerning the extent of air pollution and the air
quality performance rating of industries in the country.
The Department, in cooperation with the National Statistical
Coordination Board (NSCB), shall design and develop an
information network for data storage, retrieval and exchange.
The Department shall serve as the central depository of all
data and information related to air quality.
SEC. 7. Integrated Air Quality Improvement Framework.
– The Department shall, within six (6) months after the effectivity
of this Act, establish, with the participation of LGUs, NGOs,
POs, the academe and other concerned entities from the private
sector, formulate and implement the Integrated Air Quality
Improvement Framework for a comprehensive air pollution
management and control program. The framework shall, among
others, prescribe the emission reduction goals using permissible
standards, control strategies and control measures to be
undertaken within a specified time period, including cost-effective
use of economic incentives, management strategies, collective
action, and environmental education and information.
The Integrated Air Quality Improvement Framework shall
be adopted as the official blueprint with which all government
agencies must comply with to attain and maintain ambient air
quality standards.
SEC. 8. Air Quality Control Action Plan. – Within six (6)
months after the formulation of the framework, the Department
shall, with public participation, formulate and implement an air
quality control action plan consistent with Section 7 of this Act.
The action plan shall:
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(a) Include enforceable emission limitations and other
control measures, means or techniques, as well as schedules and
time tables for compliance, as may be necessary or appropriate to
meet the applicable requirements of this Act;
(b) Provide for the establishment and operation of
appropriate devices, methods, systems and procedures necessary
to monitor, compile and analyze data on ambient air quality;
(c) Include a program to provide for the following: (1)
enforcement of the measures described in subparagraph (a); (2)
regulation of the modification and construction of any stationary
source within the areas covered by the plan, in accordance with
land use policy to ensure that ambient air quality standards are
achieved;
(d) Contain adequate provisions, consistent with the
provisions of this Act, prohibiting any source or other types of
emissions activity within the country from emitting any air
pollutant in amounts which will significantly contribute to the
non-attainment or will interfere with the maintenance by the
Department of any such ambient air quality standard required
to be included in the implementation plan to prevent significant
deterioration of air quality or to protect visibility;
(e) Include control strategies and control measures to be
undertaken within a specified time period, including cost effective
use of economic incentives, management strategies, collection
action, and environmental education and information;
(f) Designate airsheds; and
(g) All other measures necessary for the effective control
and abatement of air pollution.
The adoption of the plan shall clarify the legal effects on
the financial, manpower and budgetary resources of the affected
government agencies, and on the alignment of their programs
with the plans.
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In addition to direct regulations, the plan shall be
characterized by a participatory approach to the pollution problem.
The involvement of private entities in the monitoring and testing
of emissions from mobile and/or stationary sources shall be
considered.
Likewise, the LGUs, with the assistance from the
Department, shall prepare and develop an action plan consistent
with the Integrated Air Quality Improvement Framework to attain
and maintain the ambient air quality standards within their
respective airsheds as provided in Section 9 hereof.
The local government units shall develop and submit to
the Department a procedure for carrying out the action plan for
their jurisdiction. The Department, however, shall maintain its
authority to independently inspect the enforcement procedure
adopted. The Department shall have the power to closely supervise
all or parts of the air quality action plan until such time the local
government unit concerned can assume the function to enforce
the standards set by the Department.
A multi-sectoral monitoring team with broad public
representation shall be convened by the Department for each LGU
to conduct periodic inspections of air pollution sources to assess
compliance with the emission limitations contained in their
permits.
SEC. 9. Airsheds. – Pursuant to Section 8 of this Act, the
designation of airsheds shall be on the basis of, but not limited to
areas with similar climate, meteorology and topology which affect
the interchange and diffusion of pollutants in the atmosphere, or
areas which share common interest or face similar development
programs, prospects or problems.
For a more effective air quality management, a system of
planning and coordination shall be established and a common
action plan shall be formulated for each airshed.
To effectively carry out the formulated action plans, a
Governing Board is hereby created, hereinafter referred to as the
Board.
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The Board shall be headed by the Secretary of the
Department of Environment and Natural Resources as chairman.
The members shall be as follows:
(a) Provincial Governors from areas belonging to the
airshed;
(b) City/Municipal Mayors from areas belonging to the
airshed;
(c) A representative from each concerned government
agency;
(d) Representatives from people's organizations;
(e) Representatives from nongovernment organizations;
and
(f) Representatives from the private sector.
The Board shall perform the following functions:
(a) Formulation of policies;
(b) Preparation of a common action plan;
(c) Coordination of functions among its members; and
(d) Submission and publication of an annual Air Quality
Status Report for each airshed.
Upon consultation with appropriate local government
authorities, the Department shall, from time to time, revise the
designation of airsheds utilizing eco-profiling techniques and
undertaking scientific studies.
Emissions trading may be allowed among pollution sources
within an airshed.
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SEC. 10. Management of Nonattainment Areas. – The
Department shall designate areas where specific pollutants have
already exceeded ambient standards as nonattainment areas. The
Department shall prepare and implement a program that will
prohibit new sources of exceeded air pollutant without a
corresponding reduction in existing sources.
In coordination with other appropriate government agencies,
the LGUs shall prepare and implement a program and other
measures including relocation, whenever necessary, to protect
the health and welfare of residents in the area.
For those designated as nonattainment areas, the
Department, after consultation with local government authorities,